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ANIL KUMAR SINHA
Manish Kumar – Appellant
Versus
Urban Development & Housing Department – Respondent
ORDER :
1. Heard Mr. Apurv Harsh, learned counsel for the petitioner, Mr. Anil Kumar, learned counsel appearing for the respondent no. 2 - Executive Officer, Nagar Panchayat, Maner and Mr. Upendra Pratap Singh, learned A.C. to Standing Counsel No. 4.
2. The present writ application has been filed for a direction to the respondent authorities to extend the time period of contract allotted in favour of the petitioner for collection of parking charges within the area of Nagar Panchayat- Maner or in the alternative refund of the entire deposited amount of Rs.17,35,080/- paid by the petitioner as advance / security to the respondent no. 2.
3. The main ground on which the petitioner has filed the present writ application is that the petitioner could not utilize the parking area and could not realize the parking charges due to the intervening pandemic situation and complete national lockdown imposed in the State of Bihar till 31.07.2020.
4. The brief facts giving rise to the present writ application is that the respondent no. 2 - Executive Officer, Nagar Panchayat, Maner came out with a notice dated 27.02.2020 inviting tender for various purposes in the Nagar Panchayat, Maner including collec
Contractual obligations are binding despite unforeseen events; performance difficulty does not justify waivers or extensions under contract law.
Point of law: Not only is the writ jurisdiction of this Court invoked in a purely contractual matter, having no colour of public law and the writ remedy is thus not maintainable.
Covid-19 pandemic is a force majeure and the provisions of the Act, 2005 are having overriding effect to the provisions of the Electricity Act, 2003 and GTCS terms and conditions of the agreement for....
The main legal point established in the judgment is that the conclusion of a contract can occur upon the award of work, and non-compliance with tender and contract terms can justify contract terminat....
In case the site is required by the Licensor for its own or public purposes, the Licencee shall have to hand over the vacant possession of the site at once.
Occurrence of commercial difficulty, inconvenience or hardship in performance of the conditions agreed to in the contract can provide no justification to wriggle out of the contractual obligations wh....
The COVID-19 lockdown is recognized as a force majeure event affecting contractual obligations, necessitating equitable treatment for parties under similar circumstances.
A public authority cannot cancel a contract arbitrarily without valid reasons, especially when the contract was executed within the authority's term.
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